In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited.
Held: The evidence was not sufficiently contemporaneous to put doubt on the officers’ evidence and the appeal was dismissed.
Judges:
Lord Justice Maurice Kay, Mr Justice Simon And Sir Charles Mantell
Citations:
[2004] EWCA Crim 2123
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Edwards CACD 31-Jan-1996
Police evidence which had been impugned by suggestions of perjury was not to be used not to found a conviction. A senior officer can be in a position to infect the whole investigative process and evidence so as to render the conviction unsafe: ‘Once . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Regina v Twitchell CACD 10-Nov-1999
The Court of Appeal is not able to make findings of fact. The ability for example to examine an officer to assist the court in deciding whether the original verdict was based upon ignorance or otherwise of material facts, should be used only . .
Cited – Regina v Guney CACD 27-Feb-1998
The defence should be told of convictions of police officers and misconduct findings, but requests for such information must be realistic as to the limits to the practicality of providing complete answers. The court referred to ‘a fairly consistent . .
Cited – Regina v Whelan CACD 22-Oct-1996
The defendant appealed his conviction based upon the evidence of police officers who were subsequently discredited. . .
Cited – Regina v Fraser CACD 2-Oct-2003
The court quashed a conviction following a reference by the Criminal Cases Review Commission. Detective Constable Breakwell had been a witness at the trial of Fraser.
Held: ‘But what has emerged so far is sufficiently disturbing, particularly . .
Cited – Regina v Mohammed Ali Jamil CACD 17-Jul-2001
The appeal was made by the widow of the appellant, on the basis that his conviction had been obtained on the basis of non-disclosure of relevant evidence by the police. The test was ‘would the only reasonable and proper verdict been one of guilty’ . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 June 2022; Ref: scu.199637